Some of the language used in privacy notices can be specialised. The Information Commissioner's website provides a useful introduction to key terms and concepts.
The purposes of the processing
Members of staff, contractors, MSPs and MSP staff have the right to work safely and free from abuse. Sometimes the way someone acts when they contact the Parliament makes it difficult for us to continue to engage with them. When such situations arise, we process personal information about members of the public for the purposes of informing them about the application of our unacceptable actions policy, monitoring their actions with a view to imposing sanctions and recording actions taken by the SPCB in response to unacceptable actions or behaviour. Our unacceptable actions policy is publicly available on the Scottish Parliament website.
Further information about our unacceptable actions policy
Categories of information processed
In relation to instances of unacceptable behaviour and actions by members of the public, we process normal category information such as names, email addresses, postal addresses and/or telephone numbers. Depending on the nature of the incident, we may also process special category data, for example, information about race, ethnic origin, health, sexual orientation or religious or political beliefs only insofar as necessary.
Special category personal data consists of information revealing:
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- the processing of genetic data
- biometric data for the purposes of uniquely identifying a natural person
- data concerning health
- data concerning a natural person’s sex life or sexual orientation.
Source of the information
Personal information is provided to us directly by individuals (data subjects) such as SPCB staff, contractors, MSPs and MSP staff. It may also come from publicly available sources or be provided by third parties such as the police.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data.
The legal basis for processing personal data (including normal and special category personal data) in these circumstances is that processing is necessary for a task carried out in the public interest (Article 6(1)(e) UK General Data Protection Regulation (UK GDPR) and section 8(e) of the Data Protection Act 2018 (DPA), an activity that supports or promotes democratic engagement). The task is to ensure the safety and wellbeing of all building users by protecting them against unacceptable behaviour that undermines democratic engagement.
For special category data, processing is necessary for performance of a task carried out in the substantial public interest (Article 9(2)(g) UK GDPR and section 10(3), paragraph 6(1)(b), part 2, schedule 1 DPA). The task is to facilitate the efficient operation of parliamentary business and the delivery of services to the public to allow them to engage with the Parliament to learn about and/or take part in the democratic process. The operation and accessibility of the Parliament as a public institution that represents the Scottish public is in the substantial public interest.
Data sharing
Personal data of unacceptable behaviour and actions may be shared with relevant staff and offices where appropriate. In some circumstances, where high volumes of correspondence are received, we may need to set up a separate mail box which will be monitored by staff to ensure that correspondence can be appropriately managed and directed to the correct Office for a response, depending on the nature of the correspondence. Where the unacceptable behaviour may constitute a criminal offence, the information may be shared with the police.
Retention of data
The personal information is stored in electronic format and reviewed every six months. Personal information will be deleted from our system as appropriate, based on the outcome of the reviews.
Children and young people safeguarding and child protection
In line with the principles underlying the National Guidance for Child Protection in Scotland (2014), published by the Scottish Government, our staff may report a concern to the relevant authorities if they come across an issue during their work which causes them to think that a child may be at risk of abuse or harm.
Your rights
Data protection legislation sets out the rights which individuals have in relation to personal data held about them by data controllers. Applicable rights are listed below. You can exercise your data subject rights in particular circumstances depending on the purpose for which the data controller is processing the data and the legal basis upon which the processing takes place.
The following rights may apply:
Access to your information
You have the right to request a copy of the personal information about you that we hold.
Further information on how to make a data protection 'subject access request'.
Correcting your information
You have the right to ask us to correct the personal data we hold about you. We want to make sure that your personal information is accurate, complete and up to date and you may ask us to correct any personal information about you that you believe does not meet these standards.
Objecting to how we may use your information
You have the right at any time to require us to stop using your personal information for direct marketing purposes. In addition, where we use your personal information to perform tasks carried out in the public interest then, if you ask us to, we will stop using that personal information unless there are overriding legitimate grounds to continue.
- please note that the right to object to the processing of personal data does not apply where the data subject has consented to the processing, subject to the right to withdraw consent
- the right to object to the processing of personal data for the purposes of a public interest task is restricted if there are legitimate grounds for the processing which override the interest of the data subject
- the right of erasure and the right to object to processing of personal data do not apply where personal data is processed for the performance of a legal obligation. This will be considered on a case by case basis and depends on what personal data is involved and the risks further processing of that data could pose to you
Deletion of your information
You have the right to ask us to delete personal information about you where:
- you consider that we no longer require the information for the purposes for which it was obtained
- we are using that information with your consent and you have withdrawn your consent – see Withdrawing consent to using your information below
- you have validly objected to our use of your personal information – see Objecting to how we may use your information above
- our use of your personal information is contrary to law or our other legal obligations
- please note that the right allowing for deletion or erasure of personal data (right to be forgotten) does not apply in cases where personal data is processed for the purposes of the performance of a task carried out in the public interest
- the right of erasure and the right to object to processing of personal data do not apply where personal data is processed for the performance of a legal obligation. This will be considered on a case by case basis and depends on what personal data is involved and the risks further processing of that data could pose to you
Restricting how we may use your information
In some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information. The right might also apply where there is no longer a basis for using your personal information, but you don't want us to delete the data. Where this right is validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.
Withdrawing consent to using your information
Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purposes for which consent was given.
Please contact us in any of the ways set out below if you wish to exercise any of these rights.
Changes to our privacy statement
We keep this privacy statement under regular review and will place any updates on this website. Paper copies of the privacy statement may also be obtained using the contact information below.
This privacy statement was last updated on 12 September 2023.
Contact information and further advice
If you have any further questions about the way in which we process personal data, or about how to exercise your rights, please contact the Head of Information Governance at:
The Scottish Parliament
Edinburgh
EH99 1SP
Telephone: 0131 348 5281
(Calls are welcome through the Text Relay service or in British Sign Language through contactSCOTLAND-BSL.)
Email: [email protected]
Please contact us if you require information in another language or format
Complaints
We seek to resolve directly all complaints about how we handle personal information but you also have the right to lodge a complaint with the Information Commissioner's Office online at: https://ico.org.uk/make-a-complaint.
Or by phone at: 0303 123 1113